Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 2: - AUTHORITY OF DECISION - MAKERS DIVISION 1: - GENERAL PROVISIONS IIItt C L I31 Z 0I7' I710l&04 II V1 IIIICIII"IIII '"S Section 1...2 „1 „1 ,,. Source of Authority Authority under this Land Development Code shall be vested in and delegated to the officials and decision - makers designated in this Article 2 under the City's Charter, the constitution and laws of the State of Texas and the City Code. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and decision - makers. The omission of a citation in this Land Development Code to any authority conferred upon the officials and decision - makers under the City's Charter, the constitution or laws of the State of Texas or the City Code shall not be construed as limiting the actions of such officials and decision - makers taken in accordance with and in reliance upon such authority. Section 1...2 „1...2 ,,. limpIllied Authority The officials and decision - makers shall have all implied authority necessary to carry out the duties and responsibilities expressly delegated by this Land Development Code to the extent the implied authority is not in conflict with the expressly delegated authority. Section 1...2 „1...3 - Il,,,,,,iiiirmmiiit atiiioin on Authority (a) City Policy. It is the policy of the City that the standards and procedures applicable to development of property within the City limits and within the City's extraterritorial jurisdiction are as stated in this Land Development Code, notwithstanding any representation by any City official summarizing, paraphrasing or otherwise interpreting such standards to the contrary, whether generally or as applied to development of specific property. (b) Representations Concerning Future Action on Petition or Application. No City official, whether an employee of the City or a member of an appointed board or commission, or a member of the governing body of the City, shall have the authority to make representations to a property owner concerning the likelihood of an outcome of that official's decision or the decision of an appointed board or commission or the City Council, on any development application or petition that has yet to be filed or is pending before the City for decision. An official may, however, upon request of a person, convey information concerning that official's position on a pending application in accordance with procedures established in this Chapter 1. No person is entitled to rely upon any representation made by an official in contravention of this subsection, and each and every such representation shall be deemed in violation of the policy of the City, and is not binding on the City in any respect. No subsequent decision of the City shall be deemed a ratification of any representation made in contravention of this subsection. (c) Representations Concerning Future Amendments. No City official, whether an employee of the City or a member of an appointed board or commission, or a member of the City Council, shall have the authority to make binding representations to any person concerning the likelihood that a change in any legislative classification or a change in the text of this Land Development Code as applied to a specific tract of land will be granted, or that an existing legislative classification or text provision will remain in effect, or that any petition for relief will be granted. No person is entitled to rely upon any representation made by an official in contravention of this subsection, and each and every such representation shall be deemed in violation of the policy of the City, and is not binding on the City in any respect. No subsequent decision of the City shall be deemed a ratification of any representation made in contravention of this subsection. San Marcos, Texas, Code of Ordinances Page 6